Sometimes you simply must fire whistleblower

Occasionally, it may become clear that a whistleblower needs to be fired for reasons entirely unrelated to his protected activity. That requires careful thought, because the employee may claim that his termination was retaliation.

Applebee's franchisee sued in transgender harassment case

The EEOC has filed suit against Apple Metro, the franchise holder of an Applebee’s restaurant in Hawthorne, New York, claiming it fired a transgender employee after she complained of co-worker harassment.

Fox Radio reporter claims retaliation for bias complaint

A former Fox News Radio correspondent claims she was fired less than 24 hours after using a company hotline to voice concerns about gender discrimination. Fox has labeled the charges “meritless” and claim her job was axed due to budget cuts.

Discipline or termination after FMLA leave? Prepare to prove it wasn't retaliation

Typically, courts look at whether an employee has used FMLA leave in the past when considering whether his employer interfered with his FMLA rights more recently.

Warning! One firing can bring many lawsuits

Just because you win one of several lawsuits over a termination, that doesn’t mean remaining matters will be automatically dismissed. It may not matter that one judicial decision might support your stated reason for firing the employee.

The law is enough: Handbook doesn't create extraordinary right to sue for retaliation

Many state and federal statutes make it unlawful for employers to retaliate against employees who file internal discrimination complaints or otherwise claim that some wrongdoing has occurred. These laws have specific, and limited, remedies.

Not every suspension is retaliation

HR professionals sometimes warn managers that suspending an employee without pay can backfire—even if it’s for what seem like legitimate reasons. The problem is the potential for a retaliation lawsuit if the employee has previously complained about discrimination.

KKK hoods lead to settlement in Houston retaliation case

Downhole Technologies in Houston will pay $120,000 to settle charges it retaliated against a black employee after he complained of harassment.

OK to fire if employee is indefinitely unable to work for medical reasons

An employee who had a long history of filing internal discrimination claims has lost a retaliation lawsuit. She alleged her employer retaliated against her when it terminated her after she missed work for medical reasons, an absence her doctor believed might last indefinitely.

Invest in a timely, thorough investigation, or prepare to pay big damage award

When employees complain about potential workplace discrimination and harassment, smart employers take it seriously. Nothing short of a thorough investigation will do. If you drop the ball and don’t take quick action, it could wind up costing your organization dearly.

Teach managers: No complaining about FMLA

Make sure all supervisors understand that they must never criticize employees for taking FMLA leave. For employees who need to care for their own serious health condition or that of a close relative, FMLA leave is a right, not a privilege.

Past discipline record beats retaliation claim

Here’s another good reason to consistently document all disciplinary actions: If an employee with a history of problems such as rules violations later engages in protected activity, it will be hard for him to show that the discipline was retaliation for engaging in that protected activity.

ADA retaliation claim doesn't require actual disability

Punishing an employee who requests a reasonable accommodation is retaliation even if it turns out that employee isn’t disabled and, therefore, wasn’t eligible for an accommodation at all.

Be careful after employee wins lawsuit, but don't be afraid of warranted discipline

When an employee has won a lawsuit against her employer, managers naturally want to make sure they don’t do anything that might smack of possible retaliation. On the other hand, managers shouldn’t feel as if the employee is now “untouchable.”

$2 million bite out of dental association

The American Dental Association’s former chief legal counsel and its former HR director will split $1.95 million after the EEOC determined the association probably retaliated against the two executives for voicing concerns about what they believed were discriminatory actions.
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